Immigration

Here we have the latest news within the immigration. Read breaking news on immigration updated and analysis at Shah Peerally Law Group

National Interest Waiver (NIW)

  • Posted on June 15, 2023
  • /Under EB2
Please sign in on your google gmail to proceed Loading… The EB-2, is a green card visa for foreign nationals which falls under the employment-based immigration: second preference category (EB-2) and consisting of subcategories: 1. EB-2, First subcategory: Advanced degree 2. EB-2, Second subcategory: Exceptional Ability 3. EB-2, Third subcategory: National Interest Waiver Pursuant to §1153(2)(B)(i) of the United States Code provides for National Interest Waiver which states that if the Attorney General deems fit that the foreign national work to be in the national interest of the United States, waive the below…Read More Breaking News

EB1A Visa Eligibility Criteria – A Complete Guide

  • Posted on June 7, 2023
  • /Under EB1
Please sign in on your google gmail to proceed Loading… The EB1A is a green card visa for foreign nationals which falls under the employment-based immigration: first preference category (EB-1). The EB1A visa is restrained only to foreign nationals of extraordinary ability in work fields of sciences, arts, education, business or athletics. The definition of “extraordinary ability” is defined as a level of expertise indicating that the individual is one of the small percentage who have risen to the very top of the field of endeavor (§ 204.5 (h)(2) of the Code of…Read More Breaking News

Reminder: For Form I-485, submit all required initial evidence and supporting documentation, including Form I-693.

Save time by filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with all required initial evidence and supporting documentation mentioned under the "Checklist of Required Initial Evidence" section. (The checklist is an optional tool to utilize as you construct your form, but does not substitute statutory, regulatory, and form instruction requirements). If you submit the needed initial evidence and supporting documents with Form I-485, we may not need to issue a Request for Evidence (RFE) to acquire additional proof and documentation. If we conclude that you do not need…Read More Breaking News

The initial registration period for the FY 2024 H-1B cap begins on March 1

  • Posted on February 1, 2023
  • /Under H1B
The United States Citizenship and Immigration Services stated today that the initial registration period for the fiscal year 2024 H-1B cap will begin at noon Eastern on March 1 and will end at noon Eastern on March 17, 2023. Prospective petitioners and representatives will be able to complete and submit their registrations using the online H-1B registration system during this time. Each registrant for the FY 2024 H-1B cap will be assigned a confirmation number. This number is only used to track registrations; it cannot be used to track the status of your…Read More Breaking News

USCIS Announces Premium Processing Expansion for EB-1 and EB-2 Form I-140 Petitions, as well as Future Expansion for F-1 Students Seeking OPT and Certain Student and Exchange Visitors

  • Posted on January 16, 2023
  • /Under EB1
The third phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications is being implemented by US Citizenship and Immigration Services. Unlike previous phases of the expansion, this phase applies to new (initial) petitions as well as all previously filed Form I-140 petitions seeking a national interest waiver under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability (NIW). Petitioners who want to request premium processing must use Form I-907, Request…Read More Breaking News

The National Interest Waiver is one of the best options to get a green card

  • Posted on January 2, 2023
  • /Under NIW
The National Interest Waiver, (NIW) acts as exoneration for people wo have an advanced degree or have exceptional abilities in their field of work, whereby a labor certification process or job offer in the United States is not required. The two can be waived if they can prove how the US will benefit from their academic and professional contribution. As no labor certification nor job offer is required it is safe to say that the NIW is an alternative to an employer sponsored green card. However, when an employer is employing a non-citizen,…Read More Breaking News

EB1A – How to get a green card through extraordinary ability

  • Posted on December 25, 2022
  • /Under EB1
The EB1A is an immigrant visa for people with extraordinary abilities in certain fields. This visa is focused on foreigners living or coming in the US having extraordinary ability in arts, sciences, business, education and athletics. Having an extraordinary ability also refer to being among the few that has risen to the top and to ascertain so, the person should provide evidence of their one-time achievement such as possessing a national or international acclaim, an award winning prize a noble prize, a Pulitzer prize, or even an Oscar winning prize or meet requirements…Read More Breaking News

USCIS Resumes Premium Processing for All H-1B Petitions

USCIS will resume premium processing on Tuesday, March 12, for all H-1B petitions. If you received a request for evidence (RFE) for a pending petition, you should include the RFE response with the premium processing request. When an H-1B petitioner properly requests the agency’s premium processing service, USCIS guarantees a 15-day processing time. If we do not take certain adjudicative action within the 15‑calendar day processing time, USCIS refunds the petitioner’s premium processing service fee and continues with expedited processing of the petition. If Your H-1B Petition Was Transferred If you received a transfer…Read More Breaking News

O1 Visa alternative to H1B

  • Posted on February 18, 2019
  • /Under H1B
Many don't know that they might qualify for an O1 visa. O-1 Visa: Individuals with Extraordinary Ability or Achievement The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. The O nonimmigrant classification is commonly referred to as: O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures…Read More Breaking News

DHS Announces Final Rule for a More Effective and Efficient H-1B Visa Program

  • Posted on February 6, 2019
  • /Under H1B
Final Rule Effective Beginning April 1, 2019 WASHINGTON—The Department of Homeland Security (DHS) posted today for public inspection, a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, and it introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions. The rule will be published in the Federal Register on Jan. 31, and…Read More Breaking News

USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

USCIS will resume premium processing on Monday, Jan. 28, for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Petitioners who have received requests for evidence (RFEs) for pending FY 2019 cap petitions should include their RFE response with any request for premium processing they may submit. H-1B visas provide employers with skilled workers for a wide range of specialty occupations. When a petitioner requests the agency’s premium processing service, USCIS guarantees a 15-day processing time. If we do not take certain adjudicative…Read More Breaking News

Shah Peerally Law Review by Richard (EB2-NIW Candidate)

  • Posted on October 29, 2018
  • /Under NIW
I was on a 12-month OPT after graduating with my masters degree in petroleum engineering. I landed a job with a State agency as a safety engineer with the goal of getting a 24-month STEM extension so I could have more time to figure out the next steps. Fast-forward to 11 months into my employment, I was told the State agency does not participate in E-verify, a critical component in getting the 24-mo extension. At this point, I was beyond panicking because my EAD was expiring in the next 60 days with no…Read More Breaking News

STEM OPT Third party placement allowed again subject to conditions

This suddenly appeared on the USCIS website on Friday August 17 2018 Clarification of STEM OPT Extension Reporting Responsibilities and Training Obligations USCIS is updating the Optional Practical Training Extension for STEM Students (STEM OPT) page of our website to clarify the reporting responsibilities for participating in the STEM OPT program. Students and employers must report material changes to the Designated School Official (DSO) at the earliest opportunity by submitting a modified Form I-983. Employers must report the STEM OPT student’s termination of employment or departure to the DSO within five business days.…Read More Breaking News

USCIS Issues Revised Final Guidance on Unlawful Presence for Students and Exchange Visitors

Guidance Updated After Public Comment Period WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) has published a revised final policy memorandum (PDF, 129 KB) related to unlawful presence after considering feedback received during a 30-day public comment period that ended June 11, 2018. Under the revised final policy memorandum, effective Aug. 9, 2018, F and M nonimmigrants who fall out of status and timely file for reinstatement of that status will have their accrual of unlawful presence suspended while their application is pending. On May 10, 2018, USCIS posted a policy memorandum changing the way…Read More Breaking News